RALEIGH — With the growing number of bloggers and increased Internet usage, employers should take extra measures to protect confidential information and to maintain a positive company and brand reputation.
 
“Part of the problem with employee blogging arises out of the nature of a blog itself,” says Denise Smith Cline of Smith Moore’s Raleigh office. “Unlike information that appears once in print and may then be trashed, retracted or forgotten, once information is posted on a blog, retraction is ineffective, if not impossible.”
 
Many bloggers blog anonymously.  From behind that mask, they can share confidential and trade secret information, alert competitors to product flaws or simply lambaste a company’s products, services or practices for the entire online world to see.  Bloggers are also in a position to antagonize clients, vendors or regulators.
 
Tort liability is possible for employers who fail to exercise control over blogging or Internet use on company time or equipment.  An employee who blogs using company resources, provides links to pornographic or other illegal works or who libels or slanders a public or private figure may drag an employer into its own set of legal difficulties.
 
“Beyond the legal issues, reduced productivity is a real concern,” says Cline.  “Like email, computer games and ever-present Internet access, blogging represents yet another distraction for employees. However,” Cline says, “Blogging’s potential for creating employer liability or damaging corporate reputation and goodwill is much greater than that caused by computer Solitaire.”
 
Cline says, “Regardless of their philosophy on blogs, employers should add blogging to the list of subjects governed by a written policy. For best effect, training on the policy should be conducted.”
 
What should the policy say?  According to Cline, an employer who wants to ban blogging at work should consider the following:
 
• Provide a clear explanation of what is prohibited and when.
• Reiterate the confidentiality obligations of employees and the right of employers to monitor employees’ Internet access during work hours and on company provided equipment.
• Include blogging in any general restriction against using company equipment to communicate on the Internet.
• Make clear that violations of the policies may result in disciplinary action, up to and including termination.
• Provide a resource for employees who may not know whether certain conduct is prohibited under the policy.
• If the policy prohibits disparaging the company or its employees whether on or off premises, take care not to violate applicable state law.
  If an employer takes the path of allowing blogging as long as employees follow guidelines, consider the following:
• Bloggers should make clear that the views presented are that of the blogger, and not necessarily that of the company.  It is helpful to craft a disclaimer for employees to use that contains language the employer is comfortable with, such as “the views in this blog are mine personally and do not necessarily reflect the views of ABC Company.”
• Remind employees of their obligations to protect confidential or proprietary information of the company or of any third party that may have disclosed such information to the company.  If employees are not clear about what falls into this category, urge the employee to get guidance on what management considers confidential or proprietary information.
• Remind employees to be respectful to co-workers, partners, vendors, management, competitors, and certainly clients and customers.  Employees should be prohibited from using ethnic, racial, gender or religious slurs, and should not include sexually provocative or offensive language or material in any blog.
• Remind employees that certain corporate information is trademarked or proprietary and that the employee will need to get permission to reproduce such information in their blogs.
• Inform employees that certain information may be off limits for blogging at all times or during certain blackout periods as a result of securities or other laws or regulations, and provide a resource for sorting out what is prohibited or not.
• Require employees to identify themselves and, when relevant, their role at the company.
• Restrict employees from citing clients or suppliers without their approval.

Cline says, “The IBM guidelines on blogging put it succinctly—‘Don’t forget your day job.’ Employers should emphasize that employees should not let blogging interfere with their commitment to their work or their customers.” 

Denise Smith Cline is a partner at Smith Moore LLP in its Raleigh, North Carolina, office.  She concentrates her litigation and counseling practice on employment law and health care issues. She is a member of DRI and serves on the Employment Law Committee.

About Smith Moore LLP:
Tracing its roots to 1919, Smith Moore LLP counsels clients throughout the Southeast, the nation and abroad.  Recognized for a personal commitment to solving complex legal issues, Smith Moore attorneys bring a passion for excellence, teamwork and innovation to their representation of clients in the areas of litigation, business, health care, and labor and employment.  Approximately 110 attorneys practice out of offices in Raleigh, NC, Greensboro, NC, Wilmington, NC and Atlanta, GA.  Visit www.smithmoorelaw.com for more information.